Prenda Law, a law firm that has sued thousands of people for allegedly sharing pornographic videos online, has gone through one bizarre legal turn after another. Prenda was accused of identity theft when papers were filed alleging that the firm had named a Minnesota man as the head of two shell companies—without his consent. But the firm shrugged off those allegations and actually charged that the judge overseeing its case, US District Judge Otis Wright, was biased. Wright "simply abhors plaintiffs who attempt to assert their rights with respect to online infringement of pornography copyrights," Prenda Law wrote earlier this month in a motion asking that Wright be kicked off its case.

Now it's clear that—no surprise—Wright isn't going anywhere. A different Los Angeles federal judge reviewed Prenda's motion and all but blew it off, essentially saying that Prenda is trying to get a judge kicked off its case because it doesn't like how discovery is going.

"Plaintiff’s argument boils down its disagreement with the merits of Judge Wright’s discovery orders," wrote US District Judge Michael Fitzgerald in his opinion, first published on the blog Fight Copyright Trolls. "This is not a cognizable basis for disqualification... Judge Wright’s conduct simply does not demonstrate any pervasive bias against Plaintiff or other copyright holders of pornographic or erotic material. At most, Plaintiff demonstrates that Judge Wright is concerned with the potential for discovery abuse."

Wright's concern about discovery abuse hardly seems misplaced. Prenda Law's "clients" want to force ISPs to hand over the names and contact information for thousands of customers, who Prenda Law will then be able to call and demand money from. The firm has even gone so far as to sue AT&T and Comcast when they didn't hand over the info fast enough.

35 Reader Comments

The noose is quickly tightening around the neck of Prenda Law. I'm curious as to why they haven't cut their losses on this case and dismissed it. Maybe even just disbanding the firm altogether. It's rather clear that their plan to extort money from a lot of people is falling apart. All any defense attorney needs to do is google their name and know exactly how to successfully fight them. Plus, it's clear that they have committed some rather serious offenses that could lead to them getting their licenses suspended or revoked, and seeing some criminal charges. Yet they seem to think that maybe they can pull this out and continue on with their business plan.

It's only a matter of time before some judge really lays the smack down on them. So why they keep going with this, I don't know. I certainly hope they keep it up though, as it's hilarious!

Righthaven somehow avoided criminal charges when their model imploded on itself (they were only able to trick simple sadsacks like Mike Drudge into paying them. Democratic Underground was not having any of that, and we all know how that ended). With all the seemingly criminal level fraud going on with regards to Prenda, they or their lawyer may well end up on the wrong side of a bar investigation or criminal fraud charges.

I still wonder if the Non-CEO but CEO couldn't have just gone, "So, since I'm apparently in charge, I want all lawsuits dismissed since I never authorized any of it." And then get a lawyer to sue Prenda Law for misrepresenting the shell companies he is apparently in charge of.

I still wonder if the Non-CEO but CEO couldn't have just gone, "So, since I'm apparently in charge, I want all lawsuits dismissed since I never authorized any of it." And then get a lawyer to sue Prenda Law for misrepresenting the shell companies he is apparently in charge of.

Because nobody it their right mind would want to be even remotely affiliated with the fucking train wreck that is Prenda Law.

Arrogant thieves who are too proud to give up. Oh well, as you said, it is entertaining. I do hope they see some of our comments about them. THAT would be even more entertaining. But, as the saying goes, a douchebag don't care as long as they can still buy their drugs and skanky gold-diggers.

The noose is quickly tightening around the neck of Prenda Law. I'm curious as to why they haven't cut their losses on this case and dismissed it. Maybe even just disbanding the firm altogether. It's rather clear that their plan to extort money from a lot of people is falling apart. All any defense attorney needs to do is google their name and know exactly how to successfully fight them. Plus, it's clear that they have committed some rather serious offenses that could lead to them getting their licenses suspended or revoked, and seeing some criminal charges. Yet they seem to think that maybe they can pull this out and continue on with their business plan.

It's only a matter of time before some judge really lays the smack down on them. So why they keep going with this, I don't know. I certainly hope they keep it up though, as it's hilarious!

My guess is that Prenda could be in some serious debt, so they need some of these cases to pan out. It might be that just getting one case to work out could be enough of an income that it could counteract several cases that fail. Righthaven in the end did not have much (legally) they could give away, I wouldn't be surprised if it happens to Prenda.

I look forward to the updates as well. Good reading. But I wonder - while we are all chuckling about the cases that ARS has shown us, I wonder if there is a whole bunch of others, that have not figured out the scam, and are paying their $1000 to avoid the demon lawsuit. Maybe this remains a profitable endeavor despite these public stories.

I look forward to the updates as well. Good reading. But I wonder - while we are all chuckling about the cases that ARS has shown us, I wonder if there is a whole bunch of others, that have not figured out the scam, and are paying their $1000 to avoid the demon lawsuit. Maybe this remains a profitable endeavor despite these public stories.

As this happens more and more I think that'll be less and less likely. More people are starting to stand up to these kinds of cases and winning. That means a body of law is being formed that makes these cases harder to even get filed in the first place.

The ignorance of the public won't change... but these cases certainly are making harder for these dipshits to prey on that ignorance. (At least in this particular fashion.)

Righthaven somehow avoided criminal charges when their model imploded on itself (they were only able to trick simple sadsacks like Mike Drudge into paying them. Democratic Underground was not having any of that, and we all know how that ended). With all the seemingly criminal level fraud going on with regards to Prenda, they or their lawyer may well end up on the wrong side of a bar investigation or criminal fraud charges.

Prenda's got deeper problems than Righthaven. Even if they dismiss the Copyright Infringement cases, they're still being sued for identity theft, which they can't simply dismiss.

I look forward to the updates as well. Good reading. But I wonder - while we are all chuckling about the cases that ARS has shown us, I wonder if there is a whole bunch of others, that have not figured out the scam, and are paying their $1000 to avoid the demon lawsuit. Maybe this remains a profitable endeavor despite these public stories.

You are right to some extent. It is not a common knowledge yet, not something that is on the mainstream news every day, but we are working on it (mostly 3 professional media sites: Ars, TechDirt and Torrent Freak, a couple of amateur blogs, a couple of lawyers' blogs). If a scam victim is not easily scared and is capable of doing some research, he will find a ton of resources in no time. Not something that was available 2 years ago. Apparently and unfortunately, there is still a lot of those who let their fear dictate.

Nonetheless, I'm optimistic: the results are visible. If 2 years ago the settlement rate was more than 30%, today it is hardly 10. HDP v Does 1-1495 is a good example: it took almost a year before customer information was released to the trolls. During this period people had enough time to understand what a house of cards this case is. Result? Only 29 dismissals with prejudice (=settlements).

I look forward to the updates as well. Good reading. But I wonder - while we are all chuckling about the cases that ARS has shown us, I wonder if there is a whole bunch of others, that have not figured out the scam, and are paying their $1000 to avoid the demon lawsuit. Maybe this remains a profitable endeavor despite these public stories.

You are right to some extent. It is not a common knowledge yet, not something that is on the mainstream news every day, but we are working on it (mostly 3 professional media sites: Ars, TechDirt and Torrent Freak, a couple of amateur blogs, a couple of lawyers' blogs). If a scam victim is not easily scared and is capable of doing some research, he will find a ton of resources in no time. Not something that was available 2 years ago. Apparently and unfortunately, there is still a lot of those who let their fear dictate.

Nonetheless, I'm optimistic: the results are visible. If 2 years ago the settlement rate was more than 30%, today it is hardly 10. HDP v Does 1-1495 is a good example: it took almost a year before customer information was released to the trolls. During this period people had enough time to understand what a house of cards this case is. Result? Only 29 dismissals with prejudice (=settlements).

The key to breaking this kind of thing is going to be making it hard for them to quickly/cheaply get loads of names from ISPs. If they can get hundreds of names from a single subpoena, then it is easy to send out mass settlement letters. If they have to file a separate motion for each address, then it won't work.

The key to breaking this kind of thing is going to be making it hard for them to quickly/cheaply get loads of names from ISPs. If they can get hundreds of names from a single subpoena, then it is easy to send out mass settlement letters. If they have to file a separate motion for each address, then it won't work.

You're probably right. Since most plaintiffs' lawyers don't get paid for the work they're doing until and unless they actually win the case, or get a settlement from a defendant, most of them are rather expense adverse unless they figure they have a sure fire windfall verdict coming their way. Blanket subpoenas are spectacular for lawyers like this, as they get a big list that all they need to do is set up a mail merge on, spend some money on postage, and just wait for the settlement checks to start rolling in, to bankroll the next round. Make them work for each name, suddenly the costs go up exponentially, and they become less interested in this angle.

The noose is quickly tightening around the neck of Prenda Law. I'm curious as to why they haven't cut their losses on this case and dismissed it. Maybe even just disbanding the firm altogether. It's rather clear that their plan to extort money from a lot of people is falling apart. All any defense attorney needs to do is google their name and know exactly how to successfully fight them. Plus, it's clear that they have committed some rather serious offenses that could lead to them getting their licenses suspended or revoked, and seeing some criminal charges. Yet they seem to think that maybe they can pull this out and continue on with their business plan.

It's only a matter of time before some judge really lays the smack down on them. So why they keep going with this, I don't know. I certainly hope they keep it up though, as it's hilarious!

Keyword of yours: Business plan. Keyword of mine: Justice industry.

To all who think of disbar or discipline or deontology, keep on dreaming.

Carreon vs. Interwebs was sad because the Carreons are obviously crazy. Not the funny kind of crazy. This case is sad because real people are being extorted by slimebag blackmailers operating under the privilege of a law firm.

The feeling of schadenfreude I'm getting from Prenda's setbacks in court isn't nearly enough to make up for all the people they've successfully scammed.

The ongoing work and the history archived there is like watching the decline of Rome live.Be there are the first blows were struck against John Steele's arrogance machine!

The $250,000 software no ones ever seen, completely infallible... except for that one time they mistakenly targeted a little old lady in SF who had the balls to call it extortion to the media. Funny Steele admitted the perfect system made an "error" when the media started asking questions.

I love it! Seems like the "litigators" at Prenda are a little scared of someone interested in actually practicing law. I can't wait until the final smack down. I would love to see the guy named as the CEO tell them that for 200k that he would decline to press charges. Karma, she is a bitch.

I love it! Seems like the "litigators" at Prenda are a little scared of someone interested in actually practicing law. I can't wait until the final smack down. I would love to see the guy named as the CEO tell them that for 200k that he would decline to press charges. Karma, she is a bitch.